1. (1) Students within Commuting Distance - Qualified students residing within commuting distance of a USHE institution may pursue their CE study on the institution's campus with approval from their LEA.

2. (2)(a) Designated Service Region Delivery - Each USHE institution has the responsibility for offering CE courses within its designated service region under Board Policy R315, Designation of Service Regions and Approval of Out-of-region Instructional Programs, Branch Campuses, Instructional Service Centers, and Extension Centers.

   1. (b) If the local institution chooses not to offer a CE course within its designated service region, an LEA may request the course from another USHE institution under Subsection R765-165-9(5).
3. (3) Alignment with Institutional Mission and Role -- Each USHE institutional shall only offer CE courses within its mission and role as defined under Board Policy R312, Institutional Roles and Missions and Approval of Out-of-Role Instructional Programs.

4. (4) For CTE CE courses:

   1. (a) if a technical college offers a CTE CE course or course content that aligns at least 80% with the CE course, the LEA shall first work with the technical college serving the designated service region, or with a degree-granting institution approved to provide technical education in that region.

      1. (i) If a CTE CE course is part of both a CTE certificate program approved under Board Policy R404, Technical Education Program Alignment and a CTE degree program, the LEA shall first work with the technical college serving the designated service region.
   2. (b) If the technical college does not offer the course or course content at the required 80% alignment, the LEA may work with the degree-granting institution serving the designated service region that is approved to provide such instruction.

5. (5) Right of First Refusal

   1. (a) An LEA shall contact the USHE institution with responsibility for that LEA's designated service region to request a CE course offering. The local institution shall state in writing whether it will offer the requested course within 30 days of the LEA request.

   2. (b) The LEA may contact another USHE institution to request sponsorship of the courses under Subsection R765-165-9(5)(a) if the institution with responsibility in the designated service region:

      1. (i) Chooses not to the CE courses proposed by the LEA. The following shall be considered a decision by the local institution not to offer the CE course:

         1. (A) If the local institution does not have a qualified instructor within 30 days of the LEA's request or has not identified a qualified instructor annually by the date agreed upon the LEA and USHE institution;
         2. (B) Cannot provide the course within the LEA's academic schedule such as semester versus trimester); or
         3. (C) Cannot offer the requested CE course in the academic semester immediately following the LEA's request.
      2. (ii) Fails to respond to the LEA's request under Subsection R765-165-9(5)(a);
      3. (iii) Reaches the eligible institution's enrolled student capacity for the CE course and prohibits an LEA with an eligible instructor from expanding the CE course to eligible students; or
      4. (iv) If the LEA determines the institution's course includes instructional materials that are either sensitive materials as defined by Section 53G-10-103, or are otherwise prohibited by state law or USBE rule.
   3. (c) Exception for Technology Delivered Courses - CE courses which meet the definition of "Technology Delivered Instruction" are subject to designated service region requirements. Institutions desiring to offer technology delivered CE courses outside their designated service region must receive a written endorsement from the local institution for each course they desire to offer before contracting with LEAs outside their designated service area. An annual system review of technology delivered courses shall be completed before November 30 of the year preceding the school year in which courses shall be offered to assure efficient and effective use of resources.
   4. (d) For a student who wants to enroll in an existing CE course that is not offered online by an LEA's designated service region, the LEA shall contract with any eligible institution that offers the online CE course.

CE courses shall be offered at the most appropriate location, using the most appropriate educational technology for the course content, the faculty, and the students involved. Instruction may be delivered through live classroom instruction or other accepted instructional technologies. Instruction normally occurs during the school day with students released from regular high school coursework to participate in CE.

KEY: concurrent enrollment, concurrent enrollment program

Date of Last Change: May 5, 2026

Notice of Continuation: January 7, 2026

Authorizing, and Implemented or Interpreted Law: 53E-10-302; 53E-10-301; 53G-10-103